2023 (7) TMI 354

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....rwal For the Respondents : Mr.Yogendra Pd. Sinha (Aag7) ORDER The present writ petition is being filed for the following reliefs:- "(i) For quashing the order bearing Memo No. SIPB/1404 dated 15.11.2022 issued under the signature of the Respondent No. 2 whereby the claim of disbursement of incentives promised under Bihar Industrial Incentive Policy, 2011 on 1 & 2nd expansion of the Petitioner's unit was reject on the ground that the proposal for said expansions were not approved by the SIPB ignoring the Resolution bearing Memo No. 2447 dated 15.07.2011 issued by the said Respondent wherein detailed procedure for eligibility and grant of incentives under Bihar Industrial Incentive Policy, 2011 on expansion of an existin....

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....he Respondent State in terms of the Bihar Industrial Policy, 2011 (hereinafter referred as Policy, 2011), as the same has been abruptly not being reimbursed in most arbitrary and illegal manner; (v) For a direction to the Respondents i.e. Department of Industry, Government of Bihar for grant of the Capital Subsidy on the capital investment made in 1 & 2nd expansion of the industrial unit of the Petitioner Company and other subsidies as promised by the Respondent State of Bihar under the Policy, 2011; (vi) For a direction to the Respondents for grant of the subsidies at the earliest to save the Petitioner's unit as it is suffering due to discontinuance of reimbursement of the amount of VAT deposited by the Petitioner an....

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.... present by setting aside the impugned order. Per contra, the learned counsel appearing on behalf of the respondents while trying to defend the orders passed by the authority concerned which is impugned in the present writ petition has fairly conceded that the letter dated 15.07.2011 (Annexure-5) has been issued by the then Principal Secretary, Department of Industries and as per the same, the approval of the State Investment Promotion Board is not needed for expansion and diversification programme of an existing industry. Perusal of the impugned order reveals that the authority concerned has not taken into consideration the letter dated 15.07.2011 (Annexure-5), which clearly states that for the purpose of expansion and diversificatio....